Record Restriction Calling All Crows
Record Restriction: Calling All Crows
In some circumstances, Georgia law allows for previous arrests or convictions to be restricted (also referred to as expunged). Criminal history can impact many areas of an individual’s life—from limiting employment opportunities to preventing housing eligibility. This law now gives people a second chance.
Here is what you need to know to determine if your case can be restricted at the upcoming Calling All Crows Record Restriction Summit:
Jurisdiction of the case must be in Fulton County
Your case must have been prosecuted by (1) the Fulton County District Attorney’s Office in the Superior Court of Fulton County or (2) the Fulton County Solicitor’s Office either in State or Magistrate Court within Fulton County. We cannot restrict any cases in another county (i.e., DeKalb, Cobb, etc.), so you would need to contact the prosecuting agency in that county.
Your Cases Must be Eligible for Restriction
If your case is within our jurisdiction, there are two ways that your criminal history can be eligible for restriction.
A. Not Guilty Resolutions
If your case ended without a conviction, then you may be eligible for a restriction. These resolutions include:
• Dismissal or Nolle Prosequi
• Completion of Pretrial Diversion/Intervention
• Completion of an Accountability Court
• Not Guilty Verdict on All Counts/Acquittal
B. Guilty Resolutions
Misdemeanor Offenses:
Under a new Georgia law, some misdemeanor convictions could be eligible for restriction. Your conviction could qualify if:
• You were convicted of an eligible misdemeanor offense; and
• You have completed the terms of your sentence; and
• You have not been convicted of any crime in any jurisdiction for at least four years prior to filing a petition, excluding a non-serious traffic offense; and
• You have no pending charges.
The following misdemeanor convictions are NOT eligible: family violence cases, sexual offenses, serious traffic offenses (e.g., DUI, Reckless Driving, etc.), and most theft offenses (except shoplifting is eligible).
Felony Offenses:
You may be able to have certain felony charges restricted and sealed if they fall within the following categories:
• Charges that are closed by the arresting agency;
• Charges are Dismissed or Nolle Prosequi;
• Charges are Dead Docket;
• Charges are not presented to the Grand Jury;
• Charges are twice No-Billed by Grand Jury;
• Verdict of Not Guilty/Acquittal;
• Vacated or Reversed Conviction;
• First Offender; and
• Convictions related to the Survivors First Act.
However, convictions on serious violent felony charges and DUI cannot be restricted.
If your case is in Fulton County and is Eligible, then determine if you have a Felony or Misdemeanor offense.
Felony offenses involve a sentence range that exceeds one year, and carries the possibility of a lengthy prison sentence. Common felony offense in Georgia include, but are not limited to: aggravated assault, aggravated battery, entering automobile, robbery, burglary, and drug/controlled substance offenses. Felony cases are handled in the Superior Court of Fulton County.
A misdemeanor has a maximum sentence of 12 months, and the sentence can include probation or jail time. Common misdemeanor offenses in Georgia include, but are not limited to: theft by shoplifting, disorderly conduct, reckless conduct, trespass, affray, battery, assault, and traffic offenses. Misdemeanor cases are handled in the State or Magistrate Court of Fulton County.
If you have a felony arrest or conviction, apply for your record restriction with the District Attorney’s Office by clicking the “Orange Button” below and complete the prompts for the application.
If you have a misdemeanor arrest or conviction, apply for your record restriction with the Solicitor General’s Office by clicking the “Blue Button” below and complete the prompts for the application.
If you are unsure whether your case qualifies, whether you have a felony or misdemeanor charge, or cannot remember some of the case information, this should not hold you back from applying for a restriction. You should apply by clicking the Orange or Blue button below that you believe best applies to your situation. Our Restorative Justice Team is trained to review your criminal history and determine how the law applies to your situation and can direct your application accordingly.
